SB 519: Education; provisions relating to the conditions of employment for employees of local school systems and other public schools; revise

Senate Bill 519

By: Senators Anderson of the 43rd, Howard of the 35th, Kemp of the 38th, Goodman of the 8th, Hickman of the 4th and others

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise various provisions relating to the conditions of employment for employees of local school systems and other public schools; to provide requirements for certain evaluations; to provide requirements for employment contracts for teachers; to provide for planned restroom breaks for teachers; to provide for role-specific training; to provide for policies relating to school bus drivers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsections (d) and (e) of Code Section 20-2-210, relating to annual performance evaluations and confidentiality, as follows: "(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required by this Code section. No employee of a public school shall be selected as the evaluator for other employees of such public school. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.

(e)(1) All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee.

(2) Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party.

(3) The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee.

(4) Surveys of public school employees conducted pursuant to this Code section shall be conducted anonymously."

SECTION 2.

Said chapter is further amended by revising subsection (b) of Code Section 20-2-211, relating to annual contracts, employment of certificated professional personnel, employment qualifications, and job descriptions, as follows:

"(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than May 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year and his or her assignment for the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by May 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than June 1."

SECTION 3.

Said chapter is further amended in Code Section 20-2-218, relating to duty-free lunch period and planning period required, exemption for extenuating circumstances, and funding, by adding a new paragraph to subsection (b) to read as follows:

"(3) Every teacher who is employed in grades kindergarten through 12 for a period of time of more than one-half of the class periods of the regular school day shall be provided not less than two planned restroom breaks per day, one of which may coincide with such teacher's planning period."

SECTION 4.

Said chapter is further amended by revising subsection (a) of Code Section 20-2-230, relating to programs relative to staff development, as follows:

"(a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers and to receive training relevant to their roles. The primary purpose of the staff development sponsored or offered by local boards of education and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations."

SECTION 5.

Said chapter is further amended by revising subsection (a) of Code Section 20-2-1126, relating to written policies and procedures for operation of school buses, receipt of code of conduct by students, and acknowledgment by parent or guardian, as follows: "(a) Each public school system in this state shall promulgate policies and procedures for the operation of school buses and the conduct and safety of those students who ride such buses. Such policies and procedures shall be in writing and available for public inspection. Each person employed as a school bus driver shall acknowledge in writing that he or she has received a copy of and has read and understands such policies and procedures. In the event that such policies and procedures are amended during the school year, such amended policies and procedures shall be provided to all persons employed by the school system as school bus drivers, and each such person shall acknowledge in writing that he or she has received a copy of and has read and understands such amended policies and procedures. Such policies and procedures shall provide for a school bus driver to request a bus monitor if he or she has a concern regarding the behavior of a student or students who ride his or her school bus."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.